Paul Ernest Simmons v Protective Commissioner of NSW also known as NSW Trustee and Guardian

[2012] NSWSC 455

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Uniform Civil Procedure Rules 2005 (NSW) Pt 13 r 13.4(1) operates subject to Civil Procedure Act 2005 (NSW) s 56(1) and (2) - approach to exercising power under r 13.4(1) is the same as that elucidated in Spencer v Commonwealth of Australia [2010] HCA 28; (2010) 241 CLR 118 - reasonable cause of action is one giving rise to real issues requiring resolution by the court - proceedings need not be hopeless or bound to fail, although in the present case they are hopeless or bound to fail